Baroness Gale: My Lords, it is a great pleasure to speak in this debate on behalf of the Opposition. I thank the Minister for opening the debate and for his clear explanation of what the Bill is all about as we take yet another step on the journey of devolving more power to the Welsh people and giving them a direct say in what happens in Wales through the Welsh Assembly.
Many noble Lords who have spoken today have been on that journey for a very long time and they have great experience, as we heard from their speeches. As my noble friend Lady Morgan of Ely and other noble Lords have said, we have had five former Secretaries of State for Wales speaking in this debate, bringing to it a wide range of experience. Some, like the noble Lords, Lord Crickhowell and Lord Hunt of Wirral, and my noble and learned friend Lord Morris of Aberavon, were Secretaries of State before devolution. My noble and learned friend mentioned the word “senedd”, which was highly political in his day. I can tell him that even in the late 1990s it was still a very political word and most people tried to avoid using it, although today we do so quite freely.
My noble friend Lord Murphy spoke about his journey through devolution, which I witnessed. Now, he is a fully paid-up member of the devolution club. He and my noble friend Lord Hain were Secretaries of State after devolution, as well as in the run-up to it, and they played their part in the second referendum campaign. But all our former Secretaries of State for Wales played a big role, whichever side they were on, and all have made a great contribution to Welsh life.
I was very pleased to hear the noble Baroness, Lady Bloomfield, make her maiden speech. It is so good to have another Welsh Baroness in your Lordships’ House and I congratulate her. As she is learning Welsh, I can say llongyfarchiadau—congratulations—on her excellent contribution to the debate. Like me, she is a south Walian, and she attended Atlantic College, as did my noble friend Lady Morgan of Ely. Like, I am sure, all other noble Lords, I look forward to her making further contributions on all matters Welsh.
In the 17 years of devolution a number of Acts beneficial to the people of Wales have been passed. One example was the legislation to bring about the Older People’s Commissioner for Wales, believed to be the first in the world and designed to improve the lives of older people in Wales. The Children’s Commissioner for Wales was the first to be introduced in the United Kingdom, aimed at improving the lives of children in Wales. The Human Transplantation (Wales) Act 2013 was the first measure in the UK to give people the chance of a longer and better life. Other legislation, in 2011, introduced a charge on plastic bags, thus making a contribution to improving the environment. It has cut down the use of plastic bags by up to 90% and has raised money for charity at the same time. The Welsh Assembly was the first legislature in the United Kingdom to introduce such a measure, and it is good to see that the other three countries in the UK have since followed. The ban on smoking in public places in Wales has contributed to better health, and the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 was regarded as ground-breaking legislation.
Those measures would not have happened without devolution, proving that, where the Assembly has powers, it acts on them for the benefit of the Welsh people. They are responsible measures, responding to needs of the people of Wales.
The Bill before us gives greater powers and more devolution to Wales but, as many noble Lords have said, it is still flawed. I believe that everyone is aware that much work needs to be done on it. Indeed, Guto Bebb MP, the Parliamentary Under-Secretary of State for Wales, said at Second Reading in another place:
“It is fair to say that this is a complex and difficult Bill”.—[Official Report, Commons, 14/6/16; col. 1726].
I think he is right, and I am sure that many noble Lords agree.
The report of the Welsh Assembly’s Constitutional and Legislative Affairs Committee on the Wales Bill, published in the last few days, says that its,
“overall assessment of the Bill is that it is a complex and inaccessible piece of constitutional law that will not deliver the lasting, durable settlement that people in Wales”,
hope for, but there are elements that the committee does welcome. However, again in contrast, Alun Cairns MP, the Secretary of State for Wales, said at Second Reading in another place that the Bill is one of clarity and accountability. He said,
“the new reserved powers model of devolution draws a well-defined boundary between what is reserved and what is devolved, clarifying who is responsible for what. It is also a major step in extending powers. It will end the squabbles over powers between Cardiff Bay and Westminster, enabling the Welsh Government to get on with the job of improving the economy, securing jobs and improving devolved public services”.
He went on to speak about accountability:
“The second principle is accountability. The Bill paves the way to introduce Welsh rates of income tax. It will make the Welsh Government accountable to people in Wales for raising more of the money they spend. This, again, is a major step in the assembly’s maturity”.—[Official Report, Commons, 14/6/16; col. 1645.]
On the devolution of income tax, during the referendum campaign in 1997, Labour went to the polls with one question on the ballot paper, not two as in Scotland. We made a commitment to the people of Wales that there would be no tax-raising powers unless there was a referendum. Now the Government are proposing that tax-raising powers should be given to Wales without a referendum. We need to be much clearer on what this means, as my noble friend Lord Hain has pointed out in detail, because it is such a change in government thinking from only two years ago in the Wales Act 2014. Other noble Lords have said the same. I have no doubt that we will come back to this point in Committee.
On the reserved powers, many noble Lords have outlined what they are and the concerns around them. We are not sure of the figure but it is around the 200 mark. The noble Lord, Lord Elystan-Morgan said that this was unworthy of the people of Wales and that we are moving backwards. Others have spoken in a similar vein. I am sure the Minister will agree that there is much work to be done on the reserved powers. I know he is always in listening mode and is prepared for discussions and to listen to what noble Lords have to say. I am sure he will carry on in that way.
Many noble Lords have mentioned the air passenger duty. There is disagreement on this matter in your Lordships’ House, with the noble Lord, Lord Crickhowell, being against giving air passenger duty to Wales and the noble Baroness, Lady Randerson, saying that Wales should have it. The argument the Government are putting forward on this matter is not a strong one and we will have to have more discussions on it.
On elections, which a few noble Lords have mentioned, we welcome the devolution to the Welsh Assembly of local government elections, the number of members, the age at which people have the right to vote in Welsh elections, the number of Assembly Members and constituencies and the name of the Assembly. We called for this when the Wales Act 2011 was being debated but the Government did not agree then. It is good that they have had a change of heart on this matter and now agree that it is a sensible measure to allow these decisions to be made in Wales. If only we could have had that in 2014.
I am sure the Minister will agree that there will be great scrutiny after listening to what noble Lords have had to say today. We will scrutinise and discuss the Bill during its passage through your Lordships’ House and raise amendments, certainly in Committee. As I mentioned earlier, I am sure the Minister will listen to all Members of your Lordships’ House and that we can arrive in the end on a Bill on which we all agree. I look forward to the Minister’s response.